USA v. Foy et al

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NORTH DAKOTA
United States of America, 	)
)
Plaintiff, 	) 	ORDER
)
vs. 	)
)
Chad Everette Bear, Jr., 	) 	Case No. 1:21-cr-186
)
Defendant. 	)
On February 17, 2022, the court issued an order conditionally releasing defendant on
February 21, 2022, for transport to the Summit Prairie Recovery Center (“Summit”) in Raleigh,
North Dakota, so that he participate in its treatment program. (Doc. No. 80).
On February 22, 2022, defendant filed a motion requesting to amend its order. (Doc. No.
83). He advises that, due to scheduling conflicts, he can not be transported to Summit until February
24, 2022. He requests that the court amend its order accordingly.
The court GRANTS defendant’s motion (Doc. No. 83). Defendant shall be released to a
Summit representative or other person approved by the Pretrial Services Officer no earlier than 8:00
AM on February 24, 2022, for immediate transport to Summit's treatment facility. While on release,
defendant shall comply with the following conditions:
(1) 	Defendant shall not violate federal, state, tribal, or local law while on release.
(2) 	Defendant shall appear in court as required and surrender for any sentence imposed.
(3) 	Defendant shall refrain from the use of alcohol; any use or possession of a narcotic
drug and other controlled substances defined in 21 U.S.C. § 802 or state statute,
unless prescribed by a licensed medical practitioner, and any use of inhalants.
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Defendant shall submit to drug/alcohol screening at the direction of the Probation
Officer to verify compliance. Failure or refusal to submit to testing or tampering with
the collection progress or specimen may be considered the same as a positive test.
(4) 	Defendant shall report to the Probation Officer at such times and in such manner as
designated by the Officer.
(5) 	Defendant shall not possess a firearm, destructive device, or other dangerous
weapon.
(6) 	Defendant shall reside at Summit's treatment facility, fully participate in its
programming, and comply with all of its rules and regulations. Upon his arrival, he
shall contact Pretrial Services Officer Bobby Wiseman at (701) 530-2414.
(7) 	Defendant shall sign all releases of information requested by the Pretrial Services
Officer so that his progress and participation in treatment may be monitored.
(8) 	Defendant shall submit his person, residence, vehicle, and/or possessions to a search
conducted by a Pretrial Services Officer at the request of the Pretrial Services
Officer. Failure to submit to a search may be grounds for revocation of pretrial
release. Defendant shall notify any other residents that the premises may be subject
to searches pursuant to this condition.
(9) 	Defendant shall not knowingly or intentionally have any direct or indirect contact
with any co-defendants, except that counsel for the defendant, or counsel's agent or
authorized representative, may have such contact with such person(s) as is necessary
in the furtherance of the defendant's legal defense.
(10) 	At least four days prior to the completion of his treatment program, defendant shall
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contact the Probation Office so that it may evaluate the appropriateness of any
proposed living arrangements. Upon his discharge from his treatment program,
defendant shall reside at an address approved by the Probation Office and not change
this address without the Probation Office's permission. If the Probation Office
determines that defendant is in need of a placement in a residential facility, defendant
shall report to the designated facility as directed and comply with the facility's rules
and regulations. If a residential facility is not available, defendant shall report the
United States Marshal's office in Bismarck with the understanding that he shall be
detained pending further order of the court.
IT IS SO ORDERED.
Dated this 23rd day of February, 2022.
/s/ Clare R. Hochhalter
Clare R. Hochhalter, Magistrate Judge
United States District Court
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